STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, FLORIDA ) CONSTRUCTION INDUSTRY LICENSING ) BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 83-021

)

CORY L. ROMERO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this matter before Marvin

1. Chavis, duly designated Hearing Officer of the Division of Administrative Hearings on May 19, 1983, in Ft. Lauderdale, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Michael J. Cohen, Esquire

   2715 East Oakland Park Boulevard, Suite 101 Ft. Lauderdale, Florida 33306

   
   

   For Respondent: Herbert P. Benn, Esquire

   Blank & Benn

   1016 Clearwater Place

   West Palm Beach, Florida 33402 ISSUES AND BACKGROUND

   This case arises out of allegations in the Administrative Complaint that the Respondent submitted false applications to the Palm Beach County Construction Industry Licensing Board and to the Florida Construction Industry Licensing Board for the purpose of obtaining a certification or registration. During the course of the formal hearing, Petitioner called as witnesses the Respondent Cory L. Romero, Edward R. Flynn, and Stanley Sosin. The Respondent testified on her own behalf. The Petitioner offered and had admitted into evidence Petitioner's Exhibits 1, 2, 4 and 5. Petitioner's Exhibit 3 was marked but subsequently withdrawn by counsel for Petitioner. The Respondent offered and had admitted Respondent's Exhibits 1 and 3. Respondent's Exhibit No. 2, a report of investigation was not admitted.

   
   

   Counsel for the Petitioner and counsel for the Respondent submitted written memoranda in support of their positions. Those memoranda were considered by the undersigned Hearing Officer and to the extent that the factual statements and legal conclusions contained in those memoranda are not specifically adopted in this order, they were considered by the Hearing Officer and determined to be irrelevant to the issues in this cause or not supported by the evidence.

   FINDINGS OF FACT

   
   

   1. The Respondent is and at all times material hereto was a certified general contractor, having been issued license No. CG017743. That license is presently in inactive status.

      
      

   2. In August, 1980, the Respondent submitted an application to the Palm Beach County Construction Industry Licensing Board in order to take the examination for qualifying as a drywall contractor. A check for the required fee was submitted with the application.

      
      

   3. While the application was being processed, an official of the Board received a letter stating that the Respondent did not have the necessary experience to take the drywall examination. The Board official, Mr. Edward R. Flynn, contacted the Respondent and asked her to meet with him regarding the application. At the meeting, Respondent was confronted with the information that the experience resume, citizenship, and social security information were not true. Respondent became very tearful and asked to withdraw the application. Other than her statement that she had been a bookkeeper and done some estimating for a contracting firm, Respondent had very little to say in response to Mr. Flynn's questions. She provided no other specific information in the meeting. Mr. Flynn returned her check but did not return the application.

      
      

   4. The following information in the application was false:

      
      

      1. Her citizenship was shown on the application as a United States citizen when, in fact, she was a citizen of Canada.

      2. The social security number entered on the application was Respondent's Canadian social security number, not a U.S. social security number.

      3. The resume attached to the application reflects that Respondent worked from 1971 to 1973 as a laborer for Smith Plastering. This was not true.

      4. The resume also states that Respondent was a project supervisor for all phases of drywall, stucco, and insulation for five years. This information was false. Respondent did not work as a "project supervisor" with the listed employer, ALC Interior Systems of Florida, Inc.

         
         

   5. The application was signed by the Respondent before a notary on July 28, 1980. The Respondent also signed the resume as well as a verification of construction experience from Smith Plastering employment from 1971 to 1973.

      
      

   6. In May, 1980, Respondent filed her application with the Florida Construction Industry Licensing Board to take the State Certified Contractor's Examination.

      
      

   7. As a part of that application, the Respondent listed her experience from 1974 to May, 1980, as project supervisor supervising all phases of construction. This information was false. From 1974 to 1980, the Respondent was employed as controller of ALC Interiors. She performed bookkeeping and other financial related functions. She was not a project supervisor and did not supervise construction for ALC.

   8. The Respondent also placed her Canadian social security number on the state application. The Respondent signed the state application before a notary public on April 4, 1980.

      
      

   9. Pursuant to her state application, Respondent passed the State Certification Examination for General Contractors in October, 1980, and in February, 1981, was issued license number CG017743.

      
      

      CONCLUSIONS OF LAW

      
      

   10. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this action.

       
       

   11. Florida Statute 489.129 (1979) empowers the Florida Construction Industry Licensing Board to suspend, revoke, or otherwise discipline a contractor's license upon those grounds listed in Section 489.129.

       
       

   12. Section 489.129(1)(a), Florida Statutes (1979), provides that the Board may take disciplinary action "upon proof that a certificate or registration has been obtained by fraud or misrepresentation". Section 489.127(1)(d), Florida Statutes (1979), states that no person shall give false information to the Board for the purpose of obtaining a certificate or registration. Florida Statute 489.129(1)(j)(1979) subjects a contractor to discipline by the Board for failure in any material respect to comply with the provisions of the contracting act, Chapter 489. By including the false experience information in her application to the Florida Construction Industry Licensing Board, Respondent has violated Sections 489.129(1)(a) and (1)(m) and is guilty of the charge set forth in Count I of the Administrative Complaint.

       
       

   13. Section 489.129(1)(c), Florida Statutes, provides that a violation of Chapter 455 may also serve as a basis for discipline by the Board. Florida Statute 455.227(1)(a) provides that a licensee may be disciplined if:

       
       

       The licensee has made misleading, deceptive untrue, or fraudulent representations in the practice of his profession.

       
       

       In addition, Florida Statute 489.129(1)(m)(1979) provides that upon proof and continued evidence that the licensee is guilty of fraud or deceit or misconduct in the practice of contracting that licensee may be disciplined.

       
       

   14. In the instant case, the Respondent submitted an application to the Palm Beach County Construction Industry Licensing Board which contained false information relating to her experience, citizenship, and social security number. Such a false application is an untrue representation in the practice of contracting and also constitutes deceit and misconduct in the practice of contracting. The submission of such an application constitutes a violation of Sections 489.129(1)(c) and (m) as charged in Count Two of the Administrative Complaint.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That Respondent's license as a certified general contractor be revoked. DONE and ENTERED this 20th day of July, 1983, in Tallahassee, Florida.

MARVIN E. CHAVIS

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1983.

COPIES FURNISHED:

Michael J. Cohen, Esquire Mr. James Linnan 2715 East Oakland Park Boulevard Executive Director

Suite 101 Construction Industry Ft. Lauderdale, Florida 33306 Licensing Board

Post Office Box 2

Herbert P. Benn, Esquire Jacksonville, Florida 32202 Blank & Benn

1016 Clearwater Place

West Palm Beach, Florida 33402

Mr. Fred Roche Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-000021

Orders for Case No: 83-000021